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News & Resources

A-Rod Sues for Malpractice

New York Yankees baseball player Alex Rodriguez, known as A-Rod in the baseball world, is dealing with a medical malpractice legal battle, in addition to the legal issues regarding his violation of Major League Baseball’s anti-drug policy. Medical malpractice defense lawyers in New York, New Jersey, Georgia and Florida report that Rodriguez has filed a lawsuit against the team’s doctor, blaming his dismal performance in October 2012’s postseason games on the doctor’s alleged mistake. 

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Liability for Impaired Patients

When doctors prescribe medications for patients, they often have to trust that the patient will follow instructions, and stick to the prescribed dosage and schedule in order for the treatment to work. However, when a patient disregards the doctor’s instructions, mixes medications, or ignores the warning labels, he can end up hurting himself or others. In these cases, medical malpractice defense lawyers in Florida, Georgia, New York and New Jersey recommend that doctors and nurses take precautions to ensure that they will not be held responsible for the patient’s actions. 

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Liability in Non-Admittance Cases

Doctors and nurses who initiate treatment of a sick person, before that person is formally admitted as a patient, risk exposing themselves to liability in their pre-admittance treatment. This is especially true in cases which the duty of care standards are unclear. In these scenarios, health care lawyers in Florida advise doctors to consult with legal counsel to determine a standard course of action, and avoid malpractice lawsuits that may threaten their practice. 

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Health Care Policy Cancellations and Extensions

The Affordable Care Act took effect on October 1, and since then, thousands of insured Florida residents have received letters of cancellation from their insurance companies. These companies have been forced to close out policies that do not comply with the federal government’s regulations. Although the cancellations are making way for policies that will be in keeping with President Obama’s new guidelines for affordable, universal insurance, health insurance lawyers in Miami say that the changes will send many people shopping for new, and possibly more costly, insurance policies. 

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Aldo Leiva interviewed in regards to ACA

Attorneys and insurers already are hearing reports of federal reimbursement decisions being introduced into medical malpractice cases. Read More

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Patients Sue Due to Miscommunication and Failure to Follow Through

According to the recently-published 2013 Malpractice Report from Medscape, an online medical newsletter, a leading cause of tension between doctors and patients is a failure to follow directions, especially doctors’ orders. When doctors prescribe medications and order patients to follow treatment plans, they expect that with these methods of treatment, the patient’s illness can be cured or controlled. But medical malpractice defense attorneys in Fort Lauderdale say that these doctors often face lawsuits when disregarded orders lead to a less than favorable outcome. 

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Laser Lawsuits Involve Non-Doctors

In recent years, more and more patients have been filing lawsuits against non-doctors, specifically laser surgery technicians. People who have suffered burns, scars, and other injuries related to laser surgery are suing for malpractice and damages, even though physicians did not lead their procedures. Medical malpractice defense attorneys in Florida report that these lawsuits often list a nurse, technician, medical assistant, or intern as the laser’s operator. 

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Protecting Assets During a Lawsuit

Doctors and medical professionals sometimes face lawsuits with high price tags: the plaintiff’s demand for full restitution, hefty legal costs, and other malpractice-related fines. In many cases, the doctor’s malpractice insurance coverage can protect him or her from the bulk of these charges, but there are cases in which the malpractice verdict awards the plaintiff with an amount in excess of the doctor’s coverage. Medical professionals need to take steps to protect their personal assets as much as possible in the event of such a decision, healthcare lawyers in Fort Lauderdale say. 

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Florida’s Malpractice Bill Passes in the Senate

Last month, the Florida Senate approved a new malpractice bill that outlines new, more stringent criteria for a qualifying expert witness in a malpractice lawsuit. In a statement, Timothy Stapleton, the Florida Medical Association Executive Vice President, said that the Senate’s vote is a “giant step forward in bringing fairness to the Sunshine State’s tort system.” Medical malpractice defense attorneys in Florida say that, if passed, the new laws will help doctors and nurses who are facing legal action. 

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Attorney Spotlight: Bernard M. Cassidy

The recent changes in healthcare law have led to stricter measures of enforcement for audit violations and noncompliance with federal regulations, even if these violations are unintended or unfounded. Doctors accused of Medicare or Medicaid fraud, insurance fraud, misuse of controlled substance prescriptions, illegal billing, and falsifying medical diagnoses may find themselves charged with white collar crimes, equal in severity and penalty to drug trafficking, robbery, and other criminal activities. These charges are serious, and could cost a physician more than just money—doctors stand to lose their reputation, and even loyal patients if they are involved in legal scandals. 

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